The Local Government Changes for England (Collection Fund Surpluses and Deficits) Regulations 1995

PART I Preliminary

Citation, commencement and application

1.—(1) These Regulations may be cited as the Local Government Changes for England (Collection Fund Surpluses and Deficits) Regulations 1995 and shall come into force on 30th November 1995.

(2) These Regulations shall not apply to authorities to which regulation 2 of the Local Government Changes for England (Collection Fund Surpluses and Deficits) Regulations 1994(1) applies.

Interpretation

2.—(1) In these Regulations—

“acquiring authority” means an authority which, by or in consequence of a section 17 order, has from the reorganisation date all the functions (or would have all the functions but for an order under sections 21 or 22 of the Act) in relation to an area which, before that date, were the functions of the relinquishing authority in relation to that area;

“designated authority” in relation to an abolished authority means—

(a)

where there is one successor authority, that authority, and

(b)

where there are two or more successor authorities, the successor authority designated as such in a section 17 order for the purposes of regulation 19 of the principal Regulations;

“estimate” means the estimate of the surplus or deficit in its collection fund made by a billing authority under regulation 10 of the Funds Regulations for the year ending immediately before the reorganisation date in relation to that authority, or, if that authority is not an abolished or relinquishing authority, the year ending immediately before the reorganisation date in relation to a relevant major precepting authority of that authority;

“the Funds Regulations” means the Local Authorities (Funds) (England) Regulations 1992(2);

“the principal Regulations” means the Local Government Changes for England (Finance) Regulations 1994(3);

“relevant billing authority” means the billing authority which makes the estimate, except that where the billing authority is an abolished authority, in relation to anything to be done by or in relation to that authority under these Regulations on or after the reoganisation date, it means the designated authority;

“relinquishing authority” means a local authority which by or in consequence of a section 17 order ceases to have functions in relation to a part of its area from the reorganisation date; and

“transferee authority” means, in relation to an abolished authority, a successor authority, and in relation to a relinquishing authority, an acquiring authority.

(2) In these Regulations—

(a) the following expressions shall have the same meanings as in the principal Regulations—

• “abolished authority”, “the Act”, “the 1988 Act”, “the 1992 Act”, “immediately preceding year”, “initial year”, “preliminary period”, “reorganisation date”, “section 17 order”, and “successor authority”,

  (b)

  “relevant major precepting authority” shall have the same meaning as in the Funds Regulations, and

  (c)

  for the purpose of the computation of days, a day which is a Saturday, Sunday or bank holiday shall be excluded.

(3) In these Regulations—

(a) references to a “billing authority” shall during the preliminary period include an authority which has functions under Chapter I of Part I of the 1992 Act as regards the initial year by virtue of regulation 49(1) of the principal Regulations; and

(b) references to a “major precepting authority” shall during the preliminary period include an authority which has functions under Chapter III of Part I of the 1992 Act as regards the initial year by virtue of regulation 49(1) of the principal Regulations.

(1)

S.I. 1994/3115.

(2)

S.I. 1992/2428. The Local Authorities (Funds) (England) Regulations were amended by the Local Authorities (Alteration of Requisite Calculations and Funds) Regulations 1994 (S.I. 1994/246), and the Local Government Changes for England (Collection Fund Surpluses and Deficits) Regulations 1994 (S.I. 1994/3115).

(3)

S.I. 1994/2825. The principal Regulations are amended by the Local Government Changes for England (Finance) (Amendment) Regulations 1995 (S.I. 1995/2862).